29 Ga. App. 9 | Ga. Ct. App. | 1922
1. A contract whereby one leases to another certain premises for an agreed amount as rental for a certain period, and which contains a provision that the lessee has “the exclusive option, right or privilege of buying ” the premises on or before a named date during
2. The written acceptance by the lessee, availing himself of his “ option, right, or privilege ” given him in the contract by the lessor, amounted to an unconditional acceptance of the lessor’s offer to sell. A statement therein by the lessee of his readiness to make the required cash payment “ upon delivery of approved deeds and receipts showing that city, county and State tax have been paid ” did not contain conditions placed by him upon his acceptance of the lessor’s offer to sell, but can only apply as conditions attached to the payment of the lessee. Whether or not these conditions as to the cash payment are in accordance with the terms of the contract of sale is immaterial, since the lessor refused to carry out the contract of purchase, and the lessee was never called upon to perform his covenant to make payment.
3. The lessee, having availed himself of his option to purchase, and having offered to perform the covenants resting upon him under the contract, was thereafter in possession of the premises as one under a contract of purchase and not as a tenant, and could not be dispossessed after the expiration of the period originally designated as Mie period of tenancy as a tenant holding over.
4. In a summary proceeding by the lessor to dispossess the lessee as a tenant holding over beyond his term, a direction of a verdict for the plaintiff was improper, and it was error to overrule the defendant’s motion for a new trial. Judgment reversed.